Buxbaum v. Kallen
- Laura Swain
- 1:25-cv-00602
- U.S. District Court · Southern District of New York
- 1
In Buxbaum v. Kallen, Judge Swain granted Buxbaum’s request to withdraw the action and dismissed it without prejudice.
The dismissal ended Buxbaum’s action against Kallen without prejudice. The court’s certification and fee ruling apply to any appeal from this order.
What happened
In Buxbaum v. Kallen, Michael Buxbaum asked the court to withdraw his action against Edward Kallen. The court granted that request.
The court dismissed the action without prejudice, meaning the dismissal does not bar a later refiling. The order did not decide the underlying dispute.
Judge Laura Taylor Swain also ruled that any appeal would not be taken in good faith and denied Buxbaum permission to appeal without paying the required court fees.
The detailed version
- Buxbaum v. Kallen · No. 1:25-cv-00602
- Laura Swain
- Jan. 27, 2025
Background
On January 23, 2025, the court received a letter from Plaintiff Michael Buxbaum asking to withdraw this action against Defendant Edward Kallen.
Ruling
The court granted Buxbaum’s request and dismissed the action without prejudice under Federal Rule of Civil Procedure 41(a). A dismissal without prejudice does not bar refiling the action.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without paying the required court fees. The order did not resolve the underlying dispute between the parties.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.